Monday, January 30, 2017

Parents of girls who elope abuse habeas corpus: High Court

Gujarat high court has strongly condemned the misuse of habeas corpus petitionby parents of daughters who elope with their lovers against the wishes of their elders.

The HC deplored the practice of petitioners activating the police mechanism through a habeas corpus petition, to find the girl and secure her "presence in a remote hope that by some means, the girl will change her mind".

Most habeas corpus petitions, which is the most important and serious of all litigations, are filed to trace girls who have eloped with their boyfriends.

In this case, filed by a resident of Kheda, his 27-year-old divorced daughter, left her parental home last year for her 37-year-old married boyfriend, who is a father of four.

The girl's family could not bear this also because the man belonged to another caste. The family tried its best to convince her to return, but the girl always refused to see them.

As a final shot, her father filed a habeas corpus petition in the high court and complained that his daughter was forcibly and illegally detained by the man, who does not allow her to move freely.

Since there were allegations of illegal detention, the HC ordered police to secure the girl's presence before the court.

The girl informed the HC that she moved to her boyfriend's home more than a year ago. She even published an advertisement in a local daily in December 2016, declaring her intentions about her stay.

Though she had made her choice amply clear by a public notice, her father chose to file habeas corpus and falsely claims that she was forcibly detained. She asserted her wish to return and continue to live with her boyfriend.

The HC dismissed the habeas corpus petition on the grounds that the girl is 27 years old and has a BA and BEd. She is mature and has freedom of movement.

"We are not concerned about the morality or even legality of her action," the HC said and criticized the filing of habeas corpus petitions to take a chance on whether a girl will change her mind and return to her parents.